IDENTITY ISSUE

New Zealand Herald, Volume LXXV, Issue 22955, 5 February 1938, Page 23

IDENTITY ISSUE

STOLEN' SUITS ACCUSED RAISES ALIBI CONVICTED OF RECEIVING Two charges of the theft of suits from dwellings against James Davidson Ireland, labourer, aged 22 (Mr. Sullivan) were further heard by Mr. Justice Fair and a jury in the Supreme Court yesterday. There were alternative charges of receiving stolen property. The Crown Prosecutor, Mr. V. R. Meredith, conducted the prosecution. Acting-Detective B. J. McEwan said he had shown one of the witnesses at tho identification parade two photographs, each of two persons, four days before the parade. "I suspected that the accused might be the person who sold tho suits," said witness, "and 1 wanted to pursue a definite line of inquiry." He showed other people photographs. His Honor: Why did you show the photographs? Why did you not have tho identification parade and take the witnesses there? Witness: I showed the phiHseraph because I suspected the accused was the person wanted. A Man Seen at Gate William Desmond Hockey and his isister said their homo at 37 Bond Street, Grey Lynn, was entered and a suit stolen from it on November 12. Their next door neighbour, Mrs. Ada Wcnmoth, identified accused as a man she had seen standing at the Hockeys' gate on November 12. In answer to Mr. Sullivan the last witness said Mr. McEwan called on her tho day before the identification parado and showed her a photograph. She did not recognise accused by the photograph. Harry Louis Solomon, second-hand dealer, identified the suit produced as having been brought to him by the accused, about whom he had no doubt. Ho had identified accused at a police parade.

To Mr. Sullivan witness said he picked the accused from several photographs shown him by the detective and said, "That's the man." Another second-hand dealer, Mrs. Emily Green, identified the suit as one she had refused to buy from the accused. She next saw him at the identification parade.' Actiug-Detective McEwan gave evidence that he took a statement .from accused, but accused afterward tore it up and refused to sign it. In :it ho denied that he was anywhere in Bond Street on November 12 or that he went into any second-hand dealers' shops. Counsel's Submission To Mr. Sullivan witness said he showed photographs of the accused to all the persons who subsequently identified him on parade. He was not sure he had t:ho right man'until witnesses identified the photograph. He did not regard the parado as a farce.

Mr. Sullivan submitted that there was no evidence whatever to support the charge of theft from Bauer's house in October, and tho only evidence in support of the other theft charge was that of the woman who said she saw accused s,t the gate. With regard to selling the suits, the only evidence was that of witnesses at a police parade. Mrs. Jeannie Hunter Collett, mother of tho accused, said that he came home at 12.45 p.m. on November 12 because it was wet. He left the house about 2.15 p.m. A similar statement was given by a lodger in the house. The step-father of accused, F. F.- C. Collett, taxi-driver, said he saw accused about 2.30 on the afternon of November 12 and frequently during tho rest of the afternoon. His Honor's Comment Mr. Sullivan said that the evidence of identification could not be relied on. It was a living lie to stage a parade after tho witnesses had been shown a photograph of tho person suspected. Mr. Meredith said Mr. Sullivan was suggesting that the definite evidence of four witnesses who identified accused should bo entirely disregarded. His Honor said the Crown's evidence in support of the chargo of tho theft from Hockey was stronger and much moro definite than that in support ol the other charge. With reference to the use of photographs by the police, the course followed was one which was justified in some circumstances, but it was doubtful whether the acting-detective's evidence justified the course taken in this case.

After a retirement of three-qtiarters of an hour the jury found accused not guilty of theft but guilty on both counts of receiving. Ho was remanded for sentence.